Allen v. Hartfield

Citations

• 76 Ill. 358

Syllabus

<p>1. Sale—right to possession. Where a bill of sale of horses acknowledged the receipt of $20, and provided for the payment of $255, the_balance, in three days after its date, but fixed no time for the delivery of the horses, which were left with the seller: Held, that it did not show a sale on credit, and that the seller was not bound to deliver possession until payment was made or tendered.</p> <p>2. Same—rescission, where possession obtained in fraud of seller's rights. Where a sale of horses was made for cash on delivery, and, when taken to the purchaser, he directed the seller to put them in the stable and come to the purchaser’s house for his pay, and at the house he offered the seller his own notes in payment, which the latter declined to accept, but demanded the money or the horses, it was held, that if the purchaser obtained possession without intending to pay in money, it was in violation of the contract, and in fraud of the seller’s rights, and the latter had a right to rescind the contract and sue for and recover his horses or their value.</p> <p>3. Agent—liability of, for aiding in the fraud of his principal. Where a purchaser fraudulently obtains possession of horses bought by him, which he refuses to deliver up, and A sends the horses to his brother with -a letter not to give them up without A’s order, and the latter concealed the horses and refused to give them up: Held, that A and his brother, if not liable as principals, were certainly liable in trover as agents of the fraudulent purchaser in carrying out a common purpose.</p>